FAQs
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Divorce and/or custody mediation is a process where a neutral third-party mediator helps a divorcing couple reach agreement on custody and parenting arrangements, financial issues, property/asset distribution, and support, The mediator facilitates communication and negotiations to help both parents create a parenting plan that is in the best interest of their child.
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Mediation is a more collaborative and less adversarial process compared to court proceedings. It allows parties to have more control over the outcome and can often be quicker and less costly. Mediation focuses on finding mutually agreeable solutions rather than having a judge make decisions for you.
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Control and Flexibility: Parents have a say in the decisions and can craft a plan that fits their unique family situation.
Confidentiality: Mediation sessions are private, and the details are not part of the public record.
Reduced Conflict: Mediation promotes cooperative problem-solving, which can help maintain a more positive relationship between parents.
Faster Resolution: Mediation can be more efficient than going through the court system, leading to quicker resolutions.
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The duration of mediation varies depending on the complexity of the issues and the participants' willingness to reach an agreement. On average, mediation sessions may take a few weeks to a few months. Your mediator will work with you to set a schedule that fits your needs.
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Mediation is suitable for all parents who are divorcing or separating and need to work out custody arrangements. Both parties should participate in the mediation process to reach a fair and comprehensive agreement.
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While the mediation process itself is not legally binding, the agreements reached during mediation can be formalized through a court order. Once both parents agree on a plan, it can be submitted to the court for approval and becomes a legally enforceable document.
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If mediation does not result in an agreement, you may need to seek other methods of resolution, such as collaborative law or litigation. However, mediation often helps identify areas of agreement and can simplify the issues for further negotiation or court proceedings.
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Gather Information: Bring any relevant documents related to your child's needs, schedules, liabilities assets, benefits, and finances.
Identify Priorities: Consider what is most important to you and your child in the custody arrangement.
Be Open: Approach mediation with a willingness to listen and negotiate in good faith.
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To begin the mediation process, contact a qualified mediator or mediation service provider. They will explain the process, schedule initial meetings, and guide you through each step of resolving your custody issues.
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It is advisable to consult with a family law attorney to review any agreements reached during mediation and ensure they are in your best interest. An attorney can provide legal advice and represent your interests in formalizing the custody arrangement with the court.